Jury Awards Plaintiff 4% of Previous Offer of Judgment
Lee Weatherly and Kristen Thompson defended a driver involved in a motor vehicle accident. At trial, Plaintiff argued the defendant failed to yield to oncoming traffic by turning left in front of his vehicle, causing an aggravation of his pre-existing back and shoulder injuries. Plaintiff’s counsel practiced the “no actual damages” technique at trial where in closing he did not present any medical bills or costs to the jury. Instead, he asked the jury to award any amount they wanted to compensate plaintiff for his pain and suffering. Lee and Kristen argued Plaintiff was likely speeding at the time of the accident and that any pain and suffering was related to his pre-existing conditions. Ultimately, the jury returned a 50-50 comparative negligence verdict resulting in Plaintiff receiving 4% of a previously filed Offer of Judgment.
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